Home>Levelset Community>Legal Help>I need to file a lien on a project in CA after the work has been completed. I did not send a preliminary lien notice, can I still file a lien? The contractor is holding my invoices on the project after work has been completed.

I need to file a lien on a project in CA after the work has been completed. I did not send a preliminary lien notice, can I still file a lien? The contractor is holding my invoices on the project after work has been completed.

I have a client that I supplied labor to for a construction project in CA. That contractor is holding $328,000 invoices owed to me . The project is complete and I did not file a preliminary lien notice, can I still file a lien after I finished with the project?

1 reply

Nov 6, 2018

All parties in California (with the exception of wage laborers) are required to send a preliminary notice to retain the ability to file a valid and enforceable mechanics lien. For parties who contracted directly with the property owner, the notice must only be provided to the construction lender associated with the project, if any. So, to the extent that a potential lien claimant is not an employee laborer or a direct contractor on a project with no construction lender, a preliminary notice is required.

In order to be effective to fully protect the value of the labor or material furnished to the project, the preliminary notice must be ent within 20 days from the date of the claimant's first furnishing of labor or materials. If the notice is sent later, it protects the value of the labor or materials furnished to the project beginning from the date 20 days prior to the date on which the notice was provided.

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